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DIRECTORATE-GENERAL FOR EXTERNAL POLICIES POLICY DEPARTMENT

IN-DEPTH ANALYSIS Minorities in the South : New visibility amid old frustrations

Author: Fernando GARCÉS DE LOS FAYOS

Abstract

One of the most multi-ethnic on ’s periphery, the South Caucasus’s bumpy path to democracy has often been accompanied by , stoked by nationalism. Since acquiring independence from the , secessionist movements have grown among local minorities in the areas surrounding the countries’ new, sovereign borders. The lack of state mechanisms to channel such sentiments has led to violent ethnic clashes with long-lasting consequences. Today still, a lack of experience in conflict resolution and power- sharing between dominant and minority communities hinders the development of common ground and democratic co-existence. Mechanisms which promote parliamentary representation, law-making and the oversight of minority rights are still largely absent. Although reforms in the South Caucasus have pushed for new laws to create greater accountability, instruments promoting inclusive dialogue with the minorities require further development. For the minorities of the South Caucasus, the most pressing issues are a lack of respect and the protection of their rights. For the sake of state-building and democratic development of the , inclusive policies must be implemented with respect to ethnic minorities, through their political participation, including them in the higher levels of decision-making.

DG EXPO/B/PolDep/Note/2014_104 June 2014 ST/1030125 PE 522.341 EN Policy Department, Directorate-General for External Policies

This paper is an initiative of the Policy Department, DG EXPO.

AUTHORS: Fernando GARCÉS DE LOS FAYOS with contributions from Nata KERESELIDZE, intern (based on a previous paper by Anastasia BASKINA, intern) Directorate-General for External Policies of the Union Policy Department SQM 03 Y 71 rue Wiertz 60 B-1047 Brussels

Editorial Assistant: Györgyi MÁCSAI

CONTACT: Feedback of all kinds is welcome. Please write to: [email protected]. To obtain paper copies, please send a request by email to: [email protected].

PUBLICATION: English-language manuscript completed on 27 June 2014. © European Union, 2014 Printed in This paper is available on the intranet site of the Directorate-General for External Policies, in the Regions and countries or Policy Areas section.

DISCLAIMER: Any opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation, except for commercial purposes, are authorised, provided the source is acknowledged and provided the publisher is given prior notice and supplied with a copy of the publication.

2 Minorities in the South Caucasus

TABLE OF CONTENTS

1. Introduction 4 2. 5 2.1. Overview 5 2.2. Legal status of minorities 6 2.3. State of play 7 2.3.1. Minority representation in decision-making 7 2.3.2. Language, education and media 8 2.4. 9 3. 10 3.1. Overview 10 3.2. Legal status of minorities 12 3.3. State of play 13 3.3.1. Minority representation in decision-making 13 3.3.2. Language, media and education 13 3.4. Religion 14 4. 15 4.1. Overview 15 4.2. Legal status of minorities 19 4.3. State of play 20 4.3.1. Minority representation in decision-making 20 4.3.2. Language, media and education 21 4.4. Religion 22 5. The EU and minorities in the countries 23 6. Annex I: Map 28

3 Policy Department, Directorate-General for External Policies

1. Introduction Problems with ethnic minorities have become apparent in the South Caucasus since the fall of the Soviet Union. Attempts towards The fall of the Soviet Union democratisation began early in the region, in an environment of total gave rise to ethnic and economic decay. The nationalistic mobilisation that followed spurred religious conflicts in the ethnic and religious conflicts in a multi-ethnic region, which muddled South Caucasus, spurred by through the decade, completely neglected by the international nationalistic sentiments. community. Today, minorities in the South Caucasus often feel disenfranchised and alienated, contesting the legitimacy of the states in which they reside. The most important common attribute for minorities across the region The most important nowadays is the severe endemic poverty that they experience. Isolation common attribute across from the rest of the country that they reside in and the consequent fear the region today for that they experience are altogether indicative of the challenging minorities is their severe circumstances which minorities face vis-à-vis the state. Although legally endemic poverty. speaking the basic rights of minorities are protected in all three countries, state legitimacy is continually contested through weak institutional practice. The weakness and insecurity of the South Caucasus countries is visible through the limited respect for and protection of minority rights, which in turn challenges state responsibility from within. The protection and promotion of minority rights Conditions for communication and compromise are better provided in are feared in the South democracies that are tolerant of minority demands and offer peaceful Caucasus as a means of mechanisms for regime change. These are the main traits which are further disintegration.. lacking in the South Caucasus, where the minority question is primarily viewed by state authorities from the perspective of national security. The protection and promotion of minority rights are mostly feared as a means Parliamentary of further disintegration and a stimulus for secessionist tendencies, rather representation, law-making than as a foundation of peace and prosperity1. and oversight are In order to find solutions to economic challenges and other barriers to indispensable to addressing human development, pluralistic and representative systems are required. economic challenges and Countries of the South Caucasus must achieve the latter through: free and human development.t fair elections; the separation of powers between the three main governing pillars – the executive, the parliament, and the judiciary; openness in governance and access to information; transparency within their societies; and political adaptability. The adequate representation of ethnic minorities in national parliaments reduces the gap between minorities and the state, and increases the chances of peace in the long run. A common and effective way to achieve the latter is through facilitating over-representation in parliaments from regions where minorities reside. As a result, majority groups learn to act moderately towards minority

1 Sabanadze, N., ‘States, Minorities and Regional Hegemons in the South Caucasus: Whose Responsibility to Protect?’, in Palermo, F. and Sabanadze, N. (eds.), National Minorities in Inter-State Relations, OSCE HCNM, 2011.

4 Minorities in the South Caucasus

groups, engaging in inter-group bargaining. Minority representation can 2014 saw the introduction also be addressed through a ‘committee mechanism’ in the parliaments and adoption of the anti- concerned. Committees with specific concerns are able to bring them to discrimination legislation the table, ensuring that compromise solutions are reached. brought about by the ENP.. In addition, parliaments can further promote peace-building by introducing and adopting pieces of legislation that protect fundamental freedoms. 2014 saw many changes in the region in this respect. Since the Although reforms are being Vilnius Summit in November 2013, reforms have been steadily introduced introduced, the multi-ethnic and implemented. The latest of these reforms was the adoption of character of the region still comprehensive anti-discrimination legislation by Georgia in May 2014, poses pressing challenges to which includes, inter alia, provisions on the rights of people who belong to development and stability. minorities. Although changes are taking place and reforms are being introduced, the multi-ethnic character of the region and the way in which this aspect is managed still pose pressing challenges that threaten its overall development and stability. An effective method must be sought both to strengthen these states and to respect the identity and culture of their ethnic minorities. Other than the aforementioned representation, law- making, and parliamentary oversight, democratic institutions, together with civil society groups, must be in continual interaction with the people and with governments. Experiences must be developed in promoting democratic co-existence and power-sharing between the dominant ethnic community and smaller ethnic minorities. It is essential for state- building and conflict prevention that minorities be fully integrated and represented at higher levels of decision-making.

2. Armenia 2.1. Overview Armenia is one of the most Armenia is the most ethnically homogeneous of the three South Caucasus ethnically homogeneous republics. According to the latest census (2011), ethnic countries in the world, with constitute over 98 % of the population. In contrast to Georgia and 98 % of its population being Azerbaijan, the minorities do not form local majorities in any region and ethnic Armenians. are scattered across the country. The Nagorno-Karabakh conflict has negatively affected Armenia’s ethnic diversity. Before the war the largest minority in Armenia was the Azeris. As The once large Azeri a result of the war, they were all displaced to Azerbaijan, while the community fled the country Armenian minority in Azerbaijan (other than in Nagorno-Karabakh) fled to following the Nagorno- Armenia. Karabakh conflict. The are currently the largest ethnic minority in Armenia2. This -speaking minority arrived in the country in the nineteenth

2 Most of Yazidizs live in north , but there also are Yazidis communities in Armenia, Georgia, and . There is an on-going dispute over ethnicity between Yazidis and who are both Kurdish people. As Yazidis practise Yadizism, they claim that they

5 Policy Department, Directorate-General for External Policies

century, during the Russo-Turkish war. Following repression during the First , in the early twentieth century, some Yazidis, together with a significant number of Armenians, moved to Georgia. These two ethnic groups continuously supported each other. are the second largest ethnic minority after the Yazidis The The current largest ethnic is widely known and understood throughout the minority in Armenia is the country. Yazidis, who arrived in the nineteenth century during The Greek community, mainly descendants of the Pontic , lives in the Russo-Turkish war. , in the province of Ararat and in several villages in the north of the country, close to the border. While according to the state census they number less than 1 000, the Greek population in Armenia may actually range from 2 000 to 5 000 people3.

Table 1: Ethnic 2001 % 2011 % Ethnic composition of group State Census State Census Armenia. Armenians 3 145 354 97.9 2 961 514 98.1 Source: National Statistical Service of the Republic of Yazidis 40 620 1.3 35 272 1.2 Armenia, 2011. Russians 14 660 0.5 11 862 0.4 Assyrians 3 409 0.1 2 769 0.1 Kurds 1 519 0.0 2 131 0.1 1 633 0.1 1 176 0.0 Greeks 1 176 0.0 900 0.0 Others 4 640 0.1 3230 0.1 2.2. Legal status of minorities Armenia is a party to major international human rights instruments and Armenia has ratified major has ratified the Framework Convention on the Protection of National international human rights Minorities and the European Charter on Regional and Minority Languages treaties. However, It has not of the Council of Europe. Armenia has also implemented three cycles of yet adopted comprehensive the Council of Europe Framework Convention on the Protection of anti-discrimination National Minorities4. However, Armenia has not yet adopted legislation. comprehensive anti-discrimination legislation, outlined in the ENP Action Plan, and aimed at closer cooperation with the EU5. The Armenian Constitution prohibits discrimination based on any

form an distinct from Muslim Kurds. Many Yazidis willingly served in the Armenian army and died during the Nagorno-Karabakh War. 3 European Centre for Minority Issues, Minority Issues Mainstreaming in the South Caucasus: A Practical Guide, February 2011. 4 Council of Europe. Framework Convention on the Protection of Minorities. Retrieved 15 April 2014, from http://goo.gl/cG4PRX. 5 European Commission (2014), ENP Country Progress Report 2013 – Armenia. Retrieved 15 April 2014, from http://goo.gl/hTRJg1.

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grounds, including race, colour, ethnic or social origin, language, religion or , political opinion, or membership of a national minority6. The Law on Freedom of Conscience and Religious Organisations guarantees religious freedom, while granting special status and privileges to the Armenian Apostolic Church. The Law on Language (1993) and the Law on Culture (2002) reiterate the constitutional commitment to protect minority languages and the right of ethnic minorities to receive education in their mother tongue. However, the Law on Language also places special emphasis the promotion of Armenian7. 2.3. State of play 2.3.1. Minority representation in decision-making Armenian law does not make special provisions to ensure minority representation in the Armenian Parliament (National Assembly) or in Minorities are not government bodies. Minorities are sometimes elected as local councillors represented at national level at municipalities but not at a higher level; this results in a lack of in decision-making. participation and representation among them at national level. A similar situation is observed in other sectors, with there being no minority representatives in the National Commission on Television and Radio – elected by the government – which to the neglect of minority issues in the media8. A number of institutions have been established for the legal protection of minorities. The Division for Ethnic Minorities and Religious Affairs drafts legislation on relevant minority issues, in consultation with representatives of minority communities. However, according to a number of surveys, it does not always take into consideration the concerns voiced by minority representatives9. The Coordination Council of Ethnic Minorities is a consultative and advisory body comprising twenty-two members from eleven national minority groups (two per group). The Council prepares recommendations The work of institutions to the government and parliament on minority issues, primarily in the established to protect and fields of culture and education. Yet, its influence on the decision-making represent minority interests process remains limited. is hampered by the lack of Although specific institutions and measures to protect minority rights are adequate funding. in place, their efficacy is heavily constrained by Armenia’s poor economic situation and financial difficulties. All minority groups suffer from a lack of available funding. Furthermore, insufficient state aid to minority organisations is allocated to all minorities on an equal basis, irrespective of their size.

6 Constitution of the Republic of Armenia (without amendments), Chapter 2, Fundamental Human and Civil Rights and Freedoms. Retrieved 14 April 2014, from http://goo.gl/E2U1TV. 7 Law of the Republic of Armenia. (1993). About Language. Retrieved 15 April 2014, from http://goo.gl/Wln4m9 . 8 European Centre for Minority Issues, Minority Issues Mainstreaming in the South Caucasus: A Practical Guide, February 2011. 9 European Centre for Minority Issues, Copy-editing.

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2.3.2. Language, education and media According to the Law on Language, Armenian is the only official state language. The adopted state language policy promises support for minority languages, but it promotes the use of Armenian as the language of inter-ethnic communication10. Armenian is the only official Due to the Soviet legacy, Russian is widely known and understood state language and the throughout the country11. While Russian does not have the status of an authorities promote its use official language, it is commonly used in communication between the for inter-ethnic majority and minority groups. Apart from Russian, Assyrian, Greek, Kurdish communication. and Yazidi are all granted the status of national minority languages. The teaching of Armenian is obligatory in schools and an entrance exam in Armenian is one of the requirements for entering higher education institutions, except where the language of instruction of a given course is Russian12. While Russian is used as the language of instruction in certain schools and universities, other minority languages are less privileged. Only a few schools throughout the country offer Assyrian, Kurdish, Yazidi and classes at primary and secondary level. The number of these classes is usually very limited. A common problem is the lack of qualified Except for Russian, which is teachers and available textbooks. As a result, many minority groups recognised under the choose to receive their education in Russian. Armenian Constitution and widely spoken in the There are significant restrictions on minority languages when it comes to country, the use of other the media. The Law on Television and Radio states that all broadcasts are minority languages in to be in Armenian, with the exception of programmes for ethnic education and the media is minorities. These are limited to one hour per week on television and one limited. hour per day on radio. In practice, minority languages are rarely seen on television, with the exception of Russian13. However, there are regular radio programmes in Russian, Kurdish, Yazidi and Assyrian. There are several newspapers and magazines published in Russian, as well as occasional publications in Kurdish and Yazidi, which are partially funded by the government, although there are no publications in Assyrian or Greek.

10 The State Programme on Language Policy. RA National Minority Rights in the Area of Language, Section 7. 11 The Armenian Government recently (June 2014) complained about the demand made by a famous TV presenter (at a channel close to the Kremlin) that Russian be made an official language of Armenia along with Armenian. 12 In which case the exam may be taken in Russian. 13 Programmes aired in Russian are subtitled in Armenian.

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2.4. Religion The main is and the leading denomination The main religion in is the Armenian Apostolic Church, which was also a symbol of the struggle Armenia is Christianity and for national independence. Today 93 % of Armenian are the leading denomination is members of the Armenian Apostolic Church. the Armenian Apostolic Although the Armenian Constitution establishes the separation of church Church, which was also a and state, it supports and ‘recognizes the exclusive historical mission of symbol of the struggle for the Armenian Apostolic Holy Church as a , in the spiritual national independence life, development of the national culture and preservation of the .’ The Apostolic Church further benefits from exceptional privileges from the state, such as the placing of church representatives in social institutions and military units. What is more, the law prohibits and in Armenia, which applies to all religious groups including the Apostolic Church. Foreign funding for foreign-based denominations is also prohibited by law. Although the Armenian Constitution proclaims education as being secular, courses in the history of the Armenian Apostolic Church are nevertheless a mandatory part of the public school curriculum. The church participates in developing the syllabus and textbooks for the course, along with defining the qualifications of its teachers and often even nominating The Armenian Constitution candidates. In July 2012, the Collaboration for Democracy Centre supports the separation of published a report which concluded that the above-mentioned course church and state, which is focuses more on the belief system of the church and less on its history. not so clearly evidenced in Smaller religious groups in Armenia include Roman Catholics, Armenian practice. Uniate (Mekhitarist) Catholics, Orthodox Christians, evangelical Christians, , Pentecostals, Seventh-day Adventists, , Charismatic Christians, Jehovah’s Witnesses, The Church of Christ of Latter-day Saints (), Yazidis, , Sunni , Shia Muslims, and pagans14. Although is proclaimed as Yazidis practise , a highly syncretic fusion of local Kurdish beliefs being secular, the Armenian related to , and live mostly in agricultural areas northwest Apostolic Church of Yerevan. The north is largely inhabited by Armenian Catholics. A participates in the teaching majority of Orthodox Christians, Jews and Mormons, and a small regulations of certain community of Shiite Muslims are concentrated in Yerevan. The Russian courses in public schools. ‘sectarian’ group known as Molokans (derived from the Russian word moloko (milk), together with Orthodox Russians, make up one of the major religious minorities in Armenia, after the Yazidis. The Molokans Registration of all reject and refuse to anything that is human-made, ‘untraditional’ religious including and the cross. The once large Muslim community Islamic community is nowadays very reduced as large numbers of Muslim Azeris

14 Mekhitarists, Molokans, Pentecostals, Seventh-day Adventists, Baptists, Mormons and Jehovah’s Witnesses are religious groups formed under Christianity. Yazidis are a Kurdish ethno-religious community who believe in a that created the world and placed it under the care of seven holy . Pagans are a community of a polytheistic religious tradition.

9 Policy Department, Directorate-General for External Policies groups is mandatory in had to flee the country during the Nagorno-Karabakh warAs the Armenia, with the fulfilment registration of ‘untraditional’ religious groups is mandatory under of certain criteria being Armenian law, such groups are obliged to fulfil certain criteria, namely that mandatory. they must have at least 200 members, and ‘must be free from materialism and be of a purely spiritual nature’, subscribing to ‘historically recognised holy scriptures’15. As of 2006, there were 10 religious organisations registered in Armenia., The Jehovah’s Witnesses community (estimated at 12 000) failed to qualify for registration as their status clashed with the aforementioned legal regulations and requirements. 3. Azerbaijan 3.1. Overview There are more than fifteen different ethnic minorities in Azerbaijan. Of Azerbaijan is home to more these, the , the Russians and the Talysh constitute the largest than fifteen ethnic groups. As in the case of Georgia, Azerbaijan also struggles with the issue minorities. The largest of refugees. Due to the war in Nagorno-Karabakh, around 800 000 Azeris16 groups are the Lezgins, the from Nagorno-Karabakh and other occupied territories of Azerbaijan, as Russians and the Talysh. well as from Armenia, were forced to flee from these areas and are now refugees in Azerbaijan. In the past Armenians constituted the largest minority in Azerbaijan. The majority of Armenians (over 80 %) listed in the state census lived in the A small Armenian disputed region of Nagorno-Karabakh, but there were also ethnic community that remains in Armenians in and other cities. Following the 1991-1994 Nagorno- Azerbaijan following the war Karabakh war, almost the entire Armenian population was forced to leave faces a difficult situation. Azerbaijan, including the Nakichevan Autonomous Republic17. The tiny Armenian community that remains outside of the disputed region of Nagorno-Karabakh18 faces a difficult situation. Today the Lezgins19 make up the second-largest group after ethnic Azeris. They are also the most vocal minority, claiming that they suffer The Lezgins, live both in discrimination. They argue that many Lezgins themselves asked to be Russian and in considered as Azeris to avoid job and education discrimination and that northern Azerbaijan, and are as a result current Azerbaijani official statistics have artificially reduced in now the most vocal minority two thirds or more their numbers, counting many of them as Azeris. The claiming discrimination in Lezgins we particularly upset by the large number of ethnic Azeri refugees Azerbaijan who fled from Nagorno-Karabakh and the surrounding regions, and

15 U.S. Department of State, Bureau of Democracy, Human Rights and Labor. International Religious Freedom Report for 2012: Armenia. Retrieved 23 April 2014, from http://www.state.gov/j/drl/rls/irf/religiousfreedom/index.htm?year=2012&dlid=208286#w rapper 16 The Azeri Government claims that this number stands at 1 000 000. 17 An autonomous Azerbaijani exclave between Armenia, Turkey and . 18 Estimated at 20 000 people, according to the European Centre for Minority Issues. 19 The indigenous groups speaking have inhabited the Northeast Caucasus at least since the Bronze Age. These peoples formed in the IV century BC the Caucasian Albanian state. Contrarily to that of the the Azeris, their language does not belong to the Turkish family.

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Armenia during the Nagorno-Karabakh war and who were settled in their ancestral lands by the government. Most Lezgins live in the rural areas of northern Azerbaijan along the Russian border. They constitute the absolute majority (90 %) of the population in the Gusar district. In contrast to the Azeris (who are Shiite Muslim) Lezgins are Sunni Muslims20, and as they live in border regions, they speak Lezgin, Azerbaijani and Russian. The Lezgins from Azerbaijan historically maintain close relations with the Russian republic of Dagestan, where Lezgin is one of the state languages, along with Russian and other local languages. Dagestan is home to some 250 000 Lezgins21. A significant number of Avars22, who constitute the largest ethnic group in and Tsakhurs are other Dagestan, can also be found in the north of Azerbaijan, close to the border minority groups living both with Dagestan. The north of Azerbaijan is also home to Tsakhurs23, who in Dagestan and in the north are also inhabitants of south- Dagestan. Tsakhurs are originally of Azerbaijan from Dagestan, but many moved to Azerbaijan in the 13th century. In addition, some 12 000 Tats reside in Baku, in the north-eastern part of Azerbaijan and in Dagestan. The , also known as European Jews, arrived in the Caucasus after the region became part of the . A large number of this group now lives in Azerbaijan, initially having been attracted by the oil Other minorities across the boom in Baku in the . country are Ashkenazi Jews, A large number of ( from the region), Meskhetians Georgians and who were deported in 1944, now reside in Azerbaijan. The first Kurds. Meskhetians arrived in Azerbaijan in the 19th century, with another wave following in the early 20th century. As with other areas in the Caucasus, Azerbaijan is home to a Kurdish minority. Between 1923 and 1929, the Azerbaijan Soviet Socialist Republic bordered the Autonomous Soviet Socialist Republic, also known as Red Kurdistan, which was fully integrated into Azerbaijan in 193024. The Talysh are an Iranian ethnic group who settled in the region between south-eastern Azerbaijan and northern Iran. Most Talysh in Azerbaijan are The number of the Iranian- bilingual in Talysh and Azerbaijani. Like the Azeris, the Talysh adhere to ethnic group Talysh, in the Shia and have strong ties with Iran. It is only since the census of 1989 south-east is probably that the Talysh have had the possibility of registering as a separate ethnic significantly higher than in group. The suppression of their identity, language and culture during the the registers. Soviet times has resulted in internalised self-repression, with only a section of the Talysh population indicating their ethnicity at census time. Therefore, the actual number of Talysh in Azerbaijan may be significantly higher than that which is stated in the census.

20 The majority of Azeris are Shiites. 21 Lezgins have lived on the territories split between present and Azerbaijan since the 19th century. However, after the break-up of the USSR, the border between the two states became international land and divided the people. 22The Avars /were a group of equestrian warrior nomads of Altaic extraction. 23 The Tsakur language is related to that of the Lezgins 24 Coene, F., the Caucasus: An Introduction, Routledge, London and NY, 2010, p. 63-68.

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Table 2: Ethnic 1999 % 2009 % Ethnic composition of group State Census State Census Azerbaijan. 7 205 500 90.6 8 172 800 91.6 Source: The State Statistical Committee of the Republic of Lezgins 178 000 2.2 180 300 2.0 Azerbaijan, 2009. Russians 141 700 1.8 119 300 1.4 Armenians25 120 700 1.5 120 300 1.4 Talysh 76 800 1.0 112 000 1.3 Avars 50 900 0.6 49 800 0.6 Turks 43 400 0.5 38 000 0.4 Tartars 30 000 0.4 25 900 0.3 Ukrainians 29 000 0.4 21 500 0.2

Tsakurs 15 900 0.2 12 300 0.1

Georgians 14 900 0.2 9 900 0.1

Kurds 13 100 0.2 6 100 0.1

Tats 10 900 0.2 25 200 0.3

Jews 8 900 0.1 9 100 0.1

Udins 4 100 0.0 3 800 0.0

Others 9 600 0.1 9 500 0.1 3.2. Legal status of minorities Azerbaijan is a party to major international human rights treaties26 and the Framework Convention on the Protection of National Minorities. However, Azerbaijan has yet to adopt at the time of writing, Azerbaijan had not yet ratified the European Charter comprehensive legislation for Regional or Minority Languages, which it signed in 200127, nor had it for the protection of adopted the bill on the protection of national minorities28. The national minorities and their Constitution of the Republic of Azerbaijan points out that the state rights. guarantees equal rights and liberties for its citizens, irrespective, for example, of race, nationality, religion, language, sex and origin and protects the right to receive education in one’s mother tongue29. Despite its basic human rights guarantees and non-discrimination

25 Almost all Armenians live in the disputed territory of Nagorno-Karabakh. 26 Including the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. 27 Council of Europe. European Charter for Regional or Minority Languages. Retrieved 20 May 2014, from http://goo.gl/qRLGBA. 28 One of the country’s obligations to the Council of Europe. 29 See Articles 25 and 45 of the Constitution of the Republic of Azerbaijan.

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provisions, Azerbaijan lacks comprehensive legislation as regards ethnic minorities. The presidential decree of 199230 is insufficient in this regard, as it does not contain a national framework for minority rights protection The state limits the issue to and limits the issue to the promotion of traditional arts and crafts. Neither the promotion of traditional is there appropriate legislation to tackle anti-discriminations issues. This cultures and it concerns situation contrasts with the fact that Azerbaijan took over in May 2014 for itself primarily with the next six months the chairmanship of the Council of Europe’s questions of national Committee of Ministers. security. At institutional level there is no specific body to deal with minority issues, although the Office of the Ombudsman seeks to partially fill this gap. As a result, the most prominent institution involved in the matter is the Ministry of National Security, which concerns itself mostly with threats to the State, including secessionist tendencies.

3.3. State of play 3.3.1. Minority representation in decision-making Minorities are poorly represented in the Azerbaijani political system, which is very much under the control of the president and a few important Azeri The impact of minorities on clans. In the absence of legislative provisions ensuring political the decision- and policy- participation among national minorities, there are no political parties to making processes within the represent their interests. There are, however, parliamentarians and highly centralised political members of administrative bodies, ministries and local authorities who are system of Azerbaijan of minority origin. Their impact on the decision-making process remains remains low. limited due to the highly centralised state structure. Neither the Forum of Religious Communities of Azerbaijan nor the Coordination Council of the Cultural Centres of National Minorities are directly involved in policy-making and serve only as consultative bodies.

3.3.2. Language, media and education The Law on State Language, adopted in 2002, requires the use of Azerbaijani in public administration and the media, although minority languages are often used for official communication in the regions which National minorities in are densely populated by minority groups. Azerbaijan have a good In contrast to Georgia, national minorities in Azerbaijan have a sufficient command of Azerbaijani, knowledge of the state language. Similar to Armenia and Georgia, Russian while Russian and other is widely spoken by minority groups in the country. minority languages are also widely used. The fact that Azerbaijan has still not ratified the European Charter for Regional and Minority Languages, coupled with the national policy of promoting the use of Azeri, highlights the need for relevant domestic legislation to preserve minority languages. The state mainly regards minority groups as a potential threat to national

30 On the Protection of the Rights and Freedoms and on State Support for the Promotion of the Languages and Cultures of National Minorities.

13 Policy Department, Directorate-General for External Policies

There is, however, a lack of security, and there are heavy restrictions imposed on the media regarding national legislation for the use of minority languages. The Law on State Language stipulates that preserving and promoting all television and radio broadcasts must be in Azerbaijani, thereby the use of minority contradicting the Law on Mass Media. The latter provides for the right for languages. the citizens of Azerbaijan to produce and disseminate information in other languages31. At present, there are no television channels broadcasting in minority languages. The public radio stations air two short weekly Azerbaijan imposes heavy programmes in Georgian, Kurdish, Talysh and Lezgin. restrictions on the public The Constitution of the Republic of Azerbaijan and the Law on Education32 media in terms of minority guarantee the right to be educated in one’s mother tongue and the right languages. of minorities to have classes or schools in their language, but the Law on State Language, undermines these guarantees. In regions densely populated by minority groups schools offer two hours of classes per week in minority languages. In addition, there are schools The opportunities to receive which offer their full curriculum in Russian and, to a lesser extent, in high-school and university Georgian. Nevertheless, it should be noted that apart from Russian, education in minority Georgian and Lezgin, these classes are offered only until the fourth grade. languages are limited. As in the other two South-Caucasus republics, there is a distinct lack of qualified teachers and available textbooks for minority-language education. Russian and Azerbaijani are the two languages used for instruction in higher education. Most minority groups are proficient in both languages; therefore access to higher education is not a serious issue. Although the quota system for minority groups was abolished in the , many ethnic Georgian students, for instance, prefer to study in Tbilisi33. Overall, the opportunities to study minority languages at university level are very limited.

3.4. Religion Azerbaijan has a predominantly Muslim population (96 %), of which 65 % are Shia Muslims and 35 % are Sunni. Muslims coexist peacefully with Azerbaijan has a other traditional religious groups in the country. Religious minorities predominantly Muslim consist of Russian Orthodox, Armenian-Gregorian, other Christians, and population (96 %), of which Jews. There are large Jewish and Christian communities in Baku, where 65 % are Shia Muslims and Jewish history dates back 3 000 years. Smaller religious groups are 35 % are Sunni. Muslims scattered around the country including, Lutherans, Roman Catholics, coexist peacefully with other Baptists, Molokans, Seven-Day Adventists, and Bahais. Azerbaijan has a traditional religious groups number of ‘untraditional’ religious groups, also referred to as , in the country. including Salafist Muslims, Pentecostal and other evangelical Christians, Jehovah’s Witnesses, and Hare Krishna followers. Since the early 1990s the

31 See 6 of the Law on Mass Media. 32 See Article 45 of the Constitution of the Republic of Azerbaijan and Article 6 of the Law on Education. 33 European Centre for Minority Issues, Minority Issues Mainstreaming in the South Caucasus: A Practical Guide, February 2011.

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government has required religious groups to re-register. As a result, some untraditional religious groups, such as Jehovah’s Witnesses, and The Constitution provides unsanctioned Muslim organisations have been denied registration and for religious freedom, face difficulties in functioning. prohibiting the government The Constitution of the Republic of Azerbaijan provides for religious from interfering in the freedom, prohibiting the government from interfering in the religious religious activities of any activities of any group or individual. However, the activities of certain group or individual. religious minorities are state-regulated. For example, a religious However, the activities of organisation that acts in contradiction with its own founding objectives – some religious minorities are e.g. causing animosities on a racial, national, or social level, or propagating state-regulated. that goes against the principles of humanism – can be dissolved by the government. In addition, legal registration is necessary in order to function as a legitimate religious organisation. Registration can be denied Proselytism by foreigners is in cases where the documents provided by a community are found to be prohibited by law in in contradiction with the law, or if the information provided is false. Azerbaijan, but excludes citizens of Azerbaijan from The constitution also prohibits religious proselytism by foreigners, but not this rule. by citizens of Azerbaijan. Furthermore, political parties are prohibited by law from engaging in any religious activities. The law also bans hate speech based on religious beliefs and prohibits head coverings in official photographs34.

4. Georgia 4.1. Overview Georgia is the most Georgia is the most ethnically diverse state in the South Caucasus, with ethnically diverse country in minorities constituting 16 % of its population35. Moreover, Georgians the South Caucasus, with themselves are divided into four separate groups: Georgians proper large Armenian and Azeri (dispersed throughout the country), Megrelians (living in central West minorities. Georgians Georgia), (living in the central North mountainous region), and the themselves are divided into Laz (living in the southwest mountains, with a substantial number also four separate groups: residing in Turkey)36. Georgians proper, Megrelians, Svans and Laz.

34 U.S. Department of State, Bureau of Democracy, Human Rights and Labour. International Religious Freedom Report for 2012: Azerbaijan. Retrieved 23 April 2014, from 35 This figure stood at 29.9 % in 1989. 36Coene, F., The Caucasus: An Introduction, Routledge, London and New York, 2010, p. 59.

15 Policy Department, Directorate-General for External Policies

Table 3: Ethnic group 1989 % 2002 State Census37 % Ethnic composition of Georgians 3 787 393 70.1 3 661 173 83.8 Georgia. Source: National Statistical Armenians 437 211 8.1 248 929 5.7 Service of the Republic of Azeris 307 556 5.7 284 761 6.1 Georgia, 2002 (there are no 341 172 6.3 67 671 1.5 recent statistics on minorities in Russians Georgia offered by Geostat.ge or 164 055 3.0 38 028 0.9 by the ECMI). Greeks 100 324 1.9 15 166 0.3 Yazidis38 - - 18 329 0.4 Ukrainians 52 443 1.0 7 039 0.2 95 853 1.8 3 527 0.1

Kists - 0.2 7 110 0.2

Assyrians 6 206 0.1 3230 0.1

Jews 24 795 0.5 3 772 0.1

Kurds 0.6 2 514 0.1

Others - - 19 817 0.5 Ethnic Abkhazians make up 51 % of the population of the disputed territory of , with Georgians comprising 18 %, Armenians 17 %, Russians 9 %, and Greeks 1 %. Another 1 % identify as Megrelians. The refugee problem that arose from the 1992-1993 war is still unresolved. As a result of the war, 250 000 ethnic Georgians (almost half of the population of Abkhazia at the time) were forcefully displaced or fled the region. Based on the current situation, the complete return of ethnic Georgian refugees is not foreseeable, given that this would pose a threat to Abkhazia’s secessionist character. Table 4: Ethnic group 1989, Soviet 2003, Abkhaz 2009 Ethnic composition of the Census % Census % ECMI Estimates Abkhazia region. Abkhazians 17.8 44.2 65 000 – 80 000 Source: ECMI, 2011. Georgians 45.7 20.6 45 000 – 65 000 Armenians 14.6 21.0 60 000 – 70 000 Russians 14.3 10.9 10 000 – 15 000 Greeks 2.8 0.7 1 500 Others 4.9 2.6 5 000 Total 100 % 100 % 186 500 – 236 500 (525 061) (214 016)

37 The 2002 Georgian census did not include Abkhazia and parts of South that were not under the control of the Georgian Government at that time. 38 According to the 1989 census, the number of Yazidis and Kurds (combined) was 33 331 which constituted 0.6 % of the population.

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Due to the complex political Following the 2008 Georgian-Russian war, most ethnic Georgians fled situation in the secessionist from the region of . The treatment of minorities in today’s regions of Abkhazia and Georgia is, ‘above all, a question of national security and where legitimacy South Ossetia, the issue of and sovereignty of the state is contested both from within its borders and minorities is viewed as a from outside its borders’39. national security issue in Georgia. Table 5: Ethnic group 1989 2009 Ethnic composition of the Soviet Census % ECMI Estimates South Ossetia region. Ossetians 66.2 20 000 – 40 000 Source: ECMI, 2011. Georgians 29 2 000 – 3 000 Others 4.8 < 1 000 Total 100 % (98 527) 23 000 – 44 000 Armenians make up 55 % (about 250 000 people) of the population of the Samtskhe- region in southern Georgia, bordering Armenia and Turkey. The municipalities of and which form Javakheti have a predominantly Armenian population (95 %). This mountainous region, isolated from the rest of the country due to weak infrastructure and bad road connections, is one of the poorest in Georgia. Armenians can also be found in and Abkhazia, although a substantial number of them left Abkhazia during the conflict in the area. Despite current difficulties, there is a long history of good people-to- people relations as regards the presence of Armenians in Samtskhe- Javakhety. Armenians, together with Jews, were a crucial part of Georgia’s feudal cities, having been active contributors to the country’s economy. At the end of the , more than 7 000 Armenians had settled in Georgia from Karabakh (present-day Azerbaijan) and another 2 000 in the early 19th century from in Turkey. The minority situation in Samtskhe-Javakheti, also known as , is all the more complicated given its long history of forced displacement and strategic emigration policies, executed first by the Ottomans and then by Meskhetians represent one the Russians. The people who originated from the Samtskhe-Javakheti of the most tragic cases of region are known as Meskhs, an ethnic sub-group of Georgians. In the an ethnic minority. As a sub- 16th century, when the invaded Georgia, a large-scale group of Georgians, they process of proselytisation towards full Islamisation was launched, and became a Turkish-speaking therefore towards political and economic control of the region. By the minority in19th century 19th century most of the population had converted to Islam, a process Georgia, after the 16th which was enhanced by the establishment of Mullahs40 as political century Ottoman invasion. emissaries in the region who further pursued this strategy. By this time the During Stalin’s era, autocephaly of the had been eradicated in thousands of Meskhetians

39 Sabanadze, N., ‘States, Minorities and Regional Hegemons in the South Caucasus: Whose Responsibility to Protect’, in Palermo, F. and Sabanadze N. (eds.), National Minorities in Inter-State Relations, OSCE HCNM, 2011, p. 171. 40 Members of the Islamic .

17 Policy Department, Directorate-General for External Policies were deported to Central Samtskhe-Javakheti, but it was re-established a decade and a half later , from where many fled during the Russo-Turkish war, thereby reinstating Christian (Georgian) to Caucasian and leadership in Samtskhe-Javakheti, but this time under Tsarist rule. In the surrounding regions for mid-19th century, a region-wide immigration process was launched, refuge. which at the same time forcefully displaced Christian Georgians. Among the newly immigrated minorities were Armenians, Greeks, Russians, Kurds, Karapapaks41 and a small number of Germans. After the fall of the Soviet Union, Samtskhe-Javakheti was reinstated as a province of Georgia. In 1944, Stalin’s government deported around 100 000 Meskhs from Georgia who remained in exile in until the , and who later fled to find refuge in Turkey, Azerbaijan, Russia Repatriation of Meskhs and elsewhere. In 1999, the Georgian Government vowed to facilitate started in the 19th century, their return to Georgia, but only in 2007 was a law passed which set out achieving mild results. The practical mechanisms for the repatriation programme. The first attempt at possibility for repatriation repatriation came in the 19th century. At that time a significant number of again placed on the agenda displaced Georgians had managed to return to their roots, but many were in 2007, aided by the refused the right to re-establish their livelihoods in Georgia. People passing of a law which set arriving at the Georgian border from what is today Turkey were sent away out practical mechanisms. by the hundreds, as had been instructed by the Russian Government at the time42.

The sudden surge in public Today, local officials in Samtskhe-Javakheti have sparked heated debates outrage on the issue of by demanding that the state should ratify an international treaty that issuing Russian passports to protects minority rights. Officials intend to communicate the fact that residents of the Samtskhe- granting official status to the is planned, something Javakheti region in Georgia which, according to many senior Georgian officials, could encourage was quickly declared as in the region43. Adding to these sentiments, the Georgian provocative by high-ranking media reported on 3 April 2014, that the Russian section of the Swiss Georgian officials. Embassy in Tbilisi had begun issuing Russian passports for the Russian- speaking population in Georgia. According to unofficial sources, most applicants lived in Samtskhe-Javakheti. Nearly a week later, high-ranking Georgian officials identified these reports as provocative attempts to ‘stir up waters’44. Kvemo-, a multi-ethnic region bordering Armenia and Azerbaijan, has a large number of Azeris and significant groups of Armenians, Greeks and Georgians. Azeris constitute over 45 % of the population of Kvemo- Kartli (about 280 000) and reside mostly in rural areas. As a result of a high unemployment rate and socio-economic difficulties in the region, many choose to emigrate to Azerbaijan, Turkey and Russia. Unlike Armenians and Azeris, the majority of Assyrians and Ossetians have

41 A sub-ethnic group of Azeris who speak Turkish. 42 Lomsadze, S., ‘Samtskhe-Javakheti’, Second edition, University of Akhaltsikhe Publishing, Akhaltsike, 2011, pp 255-368. 43 Institute for War and Peace Reporting, 2013, Armenians Seek Language Rights in Georgia. Retrieved 15 April 2014, from http://goo.gl/yhDt6X. 44 Rimple, P. and Mielnikiewicz, J., ‘Post-, Phantom of Armenian Separatism Haunts Georgia’, Eurasianet.org, 9 April 2014.

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a good command of the and are well integrated. The Greek community in Georgia, traditionally settled along the Black coast, has significantly diminished over the last few decades, with many young Greeks migrating to , Russia and other countries. The small minority groups of Russians, Ukrainians, Kists and Yazidis do not form a majority in any of the regions and are dispersed throughout the country. According to research by the European Centre for Minority Issues (ECMI)45, the most marginalised and disadvantaged ethnic group in Georgia is the small Romani community, which is confronted with poverty, unemployment and a lack of access to education and health care.46 4.2. Legal status of minorities Georgia has ratified the major international human rights treaties, Georgia is a signatory to including the European Convention on Human Rights and the UN major international human conventions47. As a member of the Council of Europe, Georgia ratified the rights treaties, and has Framework Convention for the Protection of National Minorities in 2005. It passed the ENP anti- has also committed to signing and ratifying the European Charter for discrimination legislation. Regional and Minority Languages, and adopting a law on minorities, but it However, despite prior has yet to do so48. As a member of the Eastern Partnership and a party to commitments it still has not the ENP Action Plan, the Georgian Government prepared the ratified the European comprehensive ENP anti-discrimination legislation. The parliament Charter for Regional and adopted the law at third reading, with 104 in favour and 1 against, Minority Languages. on 2 May 2014. Georgia is the first country in the South Caucasus to implement this legislation. The Constitution of Georgia contains provisions on equality and non- While the Georgian discrimination as regards minority groups. The constitution also Orthodox Church is granted guarantees the rights to freedom of expression, thought, conscience, a number of state privileges, belief, and religion. As is the case in Armenia, the Georgian Orthodox non-Orthodox communities Church is granted special legal status, enjoying a number of state are deprived of any legal privileges. Due to the absence of legislation to ensure the rights of protection as a result of the religious communities other than Orthodox Christians (e.g. Muslims, absence of legislation Catholic Christians and Jews), such communities suffer from a lack of legal ensuring their rights. protection and are obliged to register as non-governmental organisations or non-profit law associations.

The de facto constitutions of Article 38 of the constitution stipulates the rights for all citizens to develop Abkhazia and South Ossetia freely their native culture and to use their mother tongue in private and in guarantee universal human public. However, the provision also highlights the fact that the exercise of rights for the citizens of both minority rights must not oppose the sovereignty, state structure, territorial

45 European Centre for Minority Issues (Based in Flensburg, ). 46 ECMI, Minority Issues Mainstreaming in the South Caucasus: A Practical Guide, February 2011. 47 The International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. 48 Council of Europe. European Charter for Regional or Minority Languages. Retrieved 20 May 2014, from http://goo.gl/qRLGBA.

19 Policy Department, Directorate-General for External Policies territories, but they lack integrity or political independence of Georgia. legal provisions to fight The normative acts of the two de facto republics of Abkhazia and South discrimination on ethnic or Ossetia are not recognised by the international community49. religious grounds. Nevertheless, given the fact that they apply to the residents of the respective entities, it is worthwhile analysing them. The de facto constitutions of 1994 in Abkhazia and of 2001 in South Ossetia do not recognise the Georgian Constitution, legislation or legislative instruments. Both de-facto constitutions guarantee universally recognised human rights and freedoms but lack mechanisms or relevant provisions to counteract discrimination on ethnic or religious grounds.

4.3. State of play 4.3.1. Minority representation in decision-making Minorities are poorly represented in the political system and state Minorities are largely absent structures. In the 150-member Georgian Parliament there are three from the decision-making Armenians and three Azeris. Very few officials in senior positions are of process, especially at central minority origin. This is particularly evident at central level. The, two level, for which one of the minority-dominated regions of Samtskhe-Javakheti and Kvemo-Kartli main reasons is their have never had an ethnic Armenian or an Azeri governor. Minorities tend insufficient knowledge of to be better represented in town and village councils and municipalities. Georgian. Insufficient knowledge of Georgian, the national working language, among minorities hampers more active participation by them in the decision-making process at central level. The Law on Political Unions of Citizens forbids the establishment of political parties on a regional or territorial basis to prevent secessionist movements in regions which are densely populated by minorities50. Instead, minorities in Georgia have created their own civil society The establishment of organisations to mobilise themselves on socio-economic and cultural political parties on a issues. These organisations advocate for ‘cultural autonomy’ and regional and territorial basis increased self-governance but rarely resort to political rhetoric. is prohibited by law. There are a number of state bodies responsible for coordinating minority issues and facilitating dialogue between the national minorities and the government, such as the Office of the State Minister for Reintegration Issues or the Council of National Minorities. The capacity of these bodies is constrained by limited staff numbers and financial resources.

49 The two republics are recognised only by Russia, Nicaragua, Venezuela and . 50 The more radical minority groups include ‘Virk’ and the ‘United Javakh Democratic Alliance’, which have, at various times, called for autonomy for Javakheti.

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4.3.2. Language, media and education By law, all public services in Georgia must be provided in Georgian. This discourages many representatives of national minorities, in particular Armenians and Azerbaijanis, from actively participating in political and social life, and from entering the civil service. Insufficient knowledge of The Georgian Constitution stipulates that the state language of Georgia is Georgian prevents many Georgian, while in Abkhazia Abkhazian also holds this status 51. Russian, ethnic Armenians and the of national minorities from the Soviet times, is no longer Azerbaijanis from entering accepted for communication with the public administration. There are the civil service. several governmental programmes aimed at promoting the Georgian language, for example the ‘Georgian Language for Future Success’ programme, which was launched in 2011. The primary channel on Georgian state television airs a five-minute daily news programme in Armenian, Azeri, Abkhaz and Ossetian. There are also radio programmes with daily news blocks and longer weekly programmes in minority languages. The Ministry of Culture finances newspapers in Armenian, Azeri and Russian. Owing to its Soviet legacy, Georgia has a well-established system of school education in minority languages. In accordance with the 2005 Law on General Education, Georgian is the language of instruction in all educational institutions52. At the same time the law stipulates that national minorities have the right to receive primary and secondary education in their native language53. Schools which provide education in minority languages are also asked to teach the Georgian language.

The 2009 revision of However, the state lacks sufficient financial and human resources to university entry properly teach Georgian to its minority citizens. As a result, students from requirements is aimed at the districts populated by Armenians and Azeris often graduate from attracting more students school with a limited knowledge of Georgian. from minority communities, Until 2009, the unified national examination (UNE), a compulsory who traditionally have procedure for entry to university education, was offered only in Georgian. chosen to study abroad. Unable to pass the exam, many high-school students of minority origin chose to continue their education abroad, for example in their kinship states. Since 2009, the UNE has also been available in Armenian, Azeri, Ossetian and Abkhaz. Together with quotas introduced for students from minority communities, this measure aims at preventing further brain drain and marginalisation among minority groups in the country. According to data from the European Centre for Minority Issues as regards the school situation in the seceding regions, there are 40 Russian-

51 Change brought about by the Constitutional Law of 2002. 52 See Article 4(1) of the Law of Georgia on General Education. 53 See Articles 4(3), 7 and 9 of the Law of Georgia on General Education.

21 Policy Department, Directorate-General for External Policies

language schools, 34 Armenian-language and 19 Georgian-language schools in Abkhazia54, with the and history being taught in all of them irrespective of the primary language of instruction. In South Ossetia education at all levels takes place mainly in Russian, while Ossetian is sometimes used in primary schools.

4.4. Religion The dominant religion in Georgia is Christianity and the leading The dominant religion in denomination is the Georgian Orthodox Church (GOC). The Georgian Georgia is Christianity and population comprises 84 % Orthodox Christians, 10 % Muslims, 4 % the leading denomination is Armenian-Gregorians, 1 % Catholics, 1 % those of other religious the Georgian Orthodox affiliation, and 1 % those with no pronounced religion. Despite a history of Church (GOC). tolerance towards the above-mentioned religious minorities in the country, Georgian citizens remain uneasy about ‘untraditional’ religious groups, like protestants, and even more unaccommodating towards local sects. The latter are seen as a threat to the Georgian Orthodox Church and Georgian cultural values55. A small number of ethnic Russians are affiliated with several Orthodox groups like the Molokans, Staroveriy () and Dukhoboriy (Spirit Wrestlers). The south-eastern part of the Kvemo-Kartli region is inhabited mainly by Muslim Azeris, who constitute a majority. Georgian Muslims can mainly be found in the region, while another Muslim group, the Chechen Kists, occupy the north-east of the country. Ethnic Armenians, who are predominantly members of the Armenian Apostolic Church, constitute the majority in the south of the Samtskhe-Javakheti region. Roman Catholics, Kurdish Yazidis, Greek Orthodox followers and Jews constitute an even smaller grouping of religious minorities, together representing less than 5 % of the population. ‘Non-traditional’ religious groups like Jehovah’s Witnesses, Baptists, Pentecostals and Hare Krishnas Although the Georgian also make up around 1 % of the population when combined. Constitution stipulates that there must be a separation The Georgian Constitution protects religious freedom and stipulates that between church and state, there must be a separation between church and state. The law provides the GOC holds a privileged for the freedom to choose one’s denomination and religious belief, and position as part of the the right to choose or change religious affiliation. Nevertheless, the state Georgian political system, recognises the historical and cultural importance of the GOC in retaining receiving fiscal and other Georgian national identity, granting it unique status. The state has an benefits. agreement with the GOC which, among other benefits, provides the patriarch of the GOC with legal immunity, exempts the GOC clergy from military service, allows the GOC a consultative role in the government (mostly in the sphere of education), and affords it the right to staff the military chaplaincy. Furthermore, the GOC receives an annuity of GEL 22.8 million (USD 13.75 million) from the state budget, being the only religious

54 European Centre for Minority Issues, Minority Issues Mainstreaming in the South Caucasus: A Practical Guide, February 2011. 55 Swedish International Development Cooperation Agency, SIDA (2002). The South Caucasus: A Regional Overview and Conflict Assessment. Cornell Caspian Consulting,

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group to receive such a benefit. Furthermore, the Georgian tax code grants unequal partial tax exemptions to different religious groups. With the exception of the GOC, all religious groups pay additional taxes on profits from the sale of religious products, on importing religious products, and on construction and restoration- related activities. It is prohibited under Georgian law for a person to be persecuted based on religious faith or belief. Interference with worship services or the The registration of minority establishment of religious organisations is also forbidden. Furthermore, religious groups is the law stipulates that can only take place after school mandatory in Georgia, with hours. Jehovah’s Witnesses and By the end of 2012, there were 14 minority religious groups registered in Seventh-day Adventists not Georgia, including three branches of the , two Muslim being eligible, arguably groups, two Jewish groups, Lutherans, Yazidis, the Armenian Apostolic owing to legal regulations. Church and Evangelical Baptists. The groups that did not qualify for registration were Jehovah’s Witnesses and Seventh-day Adventists. By the end of 2012, most prisons in Georgia had GOC chapels but no other areas of worship. Several religious groups in prisons reported proselytism Numerous reports have as an important problem with GOC priests. There have also been reports been filed by different of proselytism and harassment from Jehovah’s Witnesses, especially in religious minorities about public schools. verbal and physical Jehovah’s Witnesses are officially banned in Abkhazia and are not officially harassment from members registered in South Ossetia. of the GOC and their efforts The Georgian Muslim minority has also filed reports on discrimination to proselytise. from members of the GOC based on religious belief or affiliation. The latter issue was taken up by the Georgian Parliament, amending the criminal code and making religious motives an aggravating factor for all crimes56. is strongly supported by the Georgian Constitution, and any related wrongdoing is punishable by law.

5. The EU and minorities in the Eastern Partnership countries The Joint Declaration of the participants at the launch of the Eastern Commitment to the Partnership Summit, held in Prague on 7 May 2009, stated that ‘the principles of international Eastern Partnership will be based on commitments to the principles of law and to fundamental international law and to fundamental values, including democracy, the values, including rule of law and the respect for human rights and fundamental freedoms, democracy, the rule of law as well as to, market economy, sustainable development and good and respect for human governance’57. This statement reflects the engagement of both the EU and

56 U.S. Department of State, Bureau of Democracy, Human Rights and Labor, International Religious Freedom Report for 2012: Georgia. Retrieved 23 April 2014, fromhttp://www.state.gov/j/drl/rls/irf/religiousfreedom/index.htm?year=2012&dlid=2083 16#wrapper 57 Joint Declaration of the Prague Eastern Partnership Summit, Brussels, 7 May 2009. See http://europa.eu/rapid/press-release_PRES-09-78_en.htm.

23 Policy Department, Directorate-General for External Policies rights and fundamental the Eastern Partners and has been reiterated in the Joint Declarations of freedoms has been one of the Warsaw Summit of 30 September 2011 and the Vilnius Summit of 29 the main departure points November 201358. for Eastern Partnership Respect for human rights and fundamental freedoms, together with good Summits. governance, implies that each state has the responsibility to respect the rights of their minority groups just as they respect the rights of the majority. Furthermore, as the EU and the Eastern Partners commit themselves to international law, there is wide coverage of minority rights in various international conventions, whether these be in reference to language, ethnicity or religious minorities, and (where appropriate) to . Current reforms under the European Neighbourhood The countries of the South Caucasus are currently undergoing reforms and Partnership Instrument envisaged under the European Neighbourhood Policy Action Plan. Under (ENPI) are aimed at the European Neighbourhood Policy Instrument (ENPI), strengthening the implementing common rule of law, human rights and fundamental freedoms, and enhancing values and principles poverty reduction and social cohesion efforts are top priorities. Although towards ensuring the having different time frames, ENP member countries are working towards protection of the rights of a common goal to implement common values and principles towards minorities. ensuring the protection of the rights of minorities. One of the latest achievements under the ENP Action Plan, together with the Eastern Partnership (EaP) framework, was the implementation of the comprehensive ENP anti-discrimination legislation by Georgia, on 2 May 2014, ensuring the rights of people who belong to minorities. Both Armenia and Azerbaijan have been encouraged to sign this legislation. As the European Parliament sees the South Caucasus as a strategically and economically important area, it encourages and supports necessary The EU’s Comprehensive reforms towards deeper integration with the EU. Furthermore, with the Institution Building (CIB) attempt to achieve successful and long-lasting reforms, the Eastern initiative plays an important Partnership introduced programmes for Comprehensive Institution role in implementing Building (CIB). These initiatives support capacity-building in key public necessary reforms for the institutions involved in implementing necessary reforms, also related to new association human rights protection, for the new association agreements, and which agreements. aim to achieve the delivery of services that are in line with European standards and good practices. Between 2011 and 2013, support from civil society was provided through EU thematic programmes such as the Non-State Actors and Local Authorities in Developments (NSA-LA) programme59 and the European Instrument for Democracy and Human Rights (EIDHR), including additional funding via the Eastern Partnership Integration and Cooperation (EaPIC) programme60.

58 Eastern Partnership summits are held every two years. 59 European Commission, Development and Cooperation - EUROPEAID, Retrieved 22 May 2014, from http://goo.gl/tWSOUS. 60 European Commission, Development and Cooperation - EUROPEAID, Retrieved 21 May 2014, from http://goo.gl/iloL2T.

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The EaP multilateral Further to the EU’s bilateral programmes with the three countries of the envelope includes a South Caucasus, the Eastern Partnership’s multilateral envelope includes a platform on democracy, platform on democracy, good governance and stability. This platform has good governance and the potential to map out different possibilities for improving the political stability which could include and economic situation of minorities in the EaP countries. This would ways to improve the provide further support to democratic processes, and the reinforcement situation of minorities. of the rule of law and judiciary power, as well as to the wider administration in the member countries. The EU-funded Eastern Partnership Minorities Network (EaPMN)61 is aimed The EU-funded Eastern at establishing regional networks and helping to build capacity in the Partnership Minorities organisations that work on minority issues in the EaP countries. Minority Network (EaPMN) offers new activists and civil society organisations from Armenia, Azerbaijan, , training and networking Georgia, and that represent ethnic, linguistic, national opportunities for and religious minorities, as well as indigenous peoples and other visible organisations that work on minority communities, are invited to join the new network. minority issues. According to a press release from the Eastern Partnership Civil Society Forum, organisations that represent Abkhazian, Ajarians, Armenians, Azeris, , Gagauzians, Germans, Jews, Koreans, Kurds, Kyrgyzstanis, Lezgins, Ossetians, Pamiri , , Russians, Talyshis, , Turkmen, Ukrainians, and other minorities can join forces A three-year programme and participate in assisting EaP processes through the aforementioned devised to build capacity in network. minority organisations in the As a result of the three-year programme, minority communities in the region aims at further region will be more involved in shaping reforms and influencing decision- involving minorities in making processes. A press release from the Eastern Partnership Civil shaping reforms and Society Forum added that ‘In the long run, the cooperation will result in influencing decision-making minority-informed policy development and implementation in the EaP processes. countries62.’ By now, all three countries have implemented point A.1 of the association agreement, indicating the ‘Implementation of common values and principles of liberty, democracy, respect for human rights and 63 Regardless of steady fundamental freedoms, and the rule of law’ . Although the above- developments, all three mentioned programmes play an important role in supporting capacity- countries have a long way to building in civil society, each country is taking action at a different pace, go to achieve institutional dependent on capacity, as regards implementing the reforms detailed in sturdiness, efficiency and point A.1 of the association agreement. Up to now, Georgia has made the accountability, necessary for most progress, when compared with Armenia and Azerbaijan, in peace-building. identifying and addressing human rights issues, and in developing minority protection mechanisms. However, regardless of steady

61 Minority Rights Group International, The Eastern Partnership Minorities Network, Retrieved 22 May 2014, from http://goo.gl/tjPWid. 62 EU Neighbourhood Info Centre, New Eastern Partnership Minorities Network to help minority groups get heard. Retrieved 30 April 2014, from http://www.eap-csf.eu/en/news- events/news/eapmn/. 63 50612SC0109; SWD/2012/0109 final, Joint Staff Working Document: Eastern Partnership Roadmap 2012-2013.

25 Policy Department, Directorate-General for External Policies

developments, all three countries have a long way to go to achieve institutional soundness, efficiency and accountability, all of which are necessary for peace-building. For over three years, the European Parliament has been steadily monitoring democratisation processes in the South Caucasus. However, in order to effectively assess the key issues on the rights and situation of minorities, and to accordingly support the effective execution of necessary A clear assessment of the reforms, clear indicators and benchmarks are indispensable. With regard key issues on the rights and to EU's financial assistance, disaggregated data on minority-related issues situation of minorities are necessary to identify key reform sectors. There should be a clear requires clear benchmarks distinction between the following indicators: anti-discrimination, identity and indicators. preservation, and the right to participation. Clarity of the latter will help effectively monitor the measures carried out that specifically relate to minority issues. Minorities and indigenous groups should be fully included in the planning and implementation procedures that concern them. The EU National Indicative Programmes (NIPs) have so far not included specific objectives and/or indicators on the protection of the rights of minority groups in the South Caucasus, except for two rare cases in Georgia. Minorities and indigenous Similarly the European Instrument for Democracy and Human rights groups should be fully (EIHDR) had no minority-specific projects approved in Armenia or included in the planning and Azerbaijan. The latter notwithstanding, each of these countries had one implementation procedures call in their Country Base Support Scheme (CBSS) including a minority- that concern them specific objective64 Furthermore, some EU achievements should also be recognised, like the 2011 Practical Guide for the South Caucasus drafted by the European Centre for Minority Issues (ECMI)65. Currently, the Parliament's concern over the countries of the South Effective institutional Caucasus extends to the discrepancy between passing necessary mechanisms must be put in legislation on the protection of the most basic rights of minorities, and its place to channel the input of implementation. Therefore the EP should help further ensure effective minority and indigenous installation of institutional mechanisms to channel the input of minority groups to relevant and indigenous groups to relevant governmental structures, and to governmental structures, ensure their participation in reform processes of relevant sectors66. ensuring their participation The European Parliament may wish to consider contributing to the in reform processes. aforementioned reform processes in the following ways. In order to further protect the use of minority languages, the EP could support the ratification of the Council of Europe’s European Charter for Regional or Minority Languages by Azerbaijan and Georgia67. The Ratification of this

64 This and other interesting data can be found in the recently released policy paper ‘Partnership for all? Measuring the impact of Eastern partnership on minorities’ by Heidrun Ferrari, Minority Rights Group Europe, June 2014; publised under the EC-funded project ‘The Eastern Partnership Minorities Network’ 65European Centre for Minority Issues, Minority Issues Mainstreaming in the South Caucasus: A Practical Guide, February 2011.. 66 Ferrari, H., Partnership for all? Measuring the impact of Eastern Partnership on Minorities, Minority Rights Group Europe, 2014, pp. 42-43. 67 Except for the case of Armenia, as it has already signed and ratified the instrument.

26 Minorities in the South Caucasus

instrument may also positively affect minorities' access to education and The European Parliament mass media, especially in Azerbaijan and Armenia. In Azerbaijan, can contribute to reform restrictions apply to both cases, largely due to the provisions outlined in processes in several ways. the law on state language, which is solely limited to Azerbaijani. Restrictions also apply in the case of Armenia. To enhance protection of national minorities, the EP could also encourage the implementation of the anti-discrimination legislation68, outlined in the ENP Action Plan. Furthermore, in order to facilitate political participation among national minorities, the needs of civil society activists must be identified and analysed. To this end, the EP could further support the Commission’s and the EEAS’ capacity-building activities for civil society actors, so as to help enhance minority representation on a state level, and to strengthen the role of civil society actors in policy-making processes. Closer bilateral ties with the By developing closer bilateral ties between the EU and the countries of the EU are likely to make South Caucasus, minority issues have a real potential to become more minority issues more prevalent, especially when considering the implementation of new prevalent. reforms in the near future.

68 Except for the case of Georgia, as it has already implemented the legislation.

27 Policy Department, Directorate-General for External Policies 6. Annex I: Map Figure 1: Ethnolinguistic Groups in the Caucasus Region

Source: University of Libraries, 1995 http://www.lib.utexas.edu/maps/commonwealth/ethnocaucasus.jpg

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